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Real Property Successor Trustee Affidavit
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Section 5301.37 | Recording of separate instruments.

...Whenever the county recorder in making photostatic or photographic records leaves no margin suitable for the entering or recording of assignments, cancellations, or further transactions relating to the instruments so recorded, or whenever such margin is completely filled with assignments, cancellations, or further transactions relating to the instruments so recorded, such transactions shall be effected by separate in...

Section 5301.38 | Record of patents, copies, and exemplifications.

...Patents for lands lying within this state, granted to any person by the president of the United States, and copies of such patents, certified under the official seal of the commissioner of the general land office of the United States, and exemplifications of the record of the general land office of any patent recorded there, may be recorded in the office of the county recorder of the county in which such lands, or a ...

Section 5301.39 | When court to order clerk to make entry on record of mortgage.

... affecting mortgages and other liens on real property, the court order for proper entry as referred to in this section, or certified copy thereof, may constitute the separate instrument and shall be recorded according to the type of action involved.

Section 5301.40 | Mortgage or lien satisfied by suit.

...When a mortgage or other lien is satisfied or declared void, in whole or in part, by a judgment, final order, or decree, the clerk of the court in which the proceedings are had shall enter upon the record of the mortgage or other lien, in the county recorder's office where it is recorded, a memorandum of the character of the proceedings, giving also the volume and page of the record where they are recorded. The cler...

Section 5301.41 | Effect of reversal of judgment.

...If the final judgment, order, or decree referred to in section 5301.39 of the Revised Code, upon which the entry of release, satisfaction, change of title, or partition is based, or in which the order for release, satisfaction, or record is included, is reversed, vacated, or modified, such reversal, vacation, or modification, so far as it applies to such memorandum, release, or satisfaction of such mortgage or other ...

Section 5301.42 | Effect of entry by clerk.

...Sections 5301.39 to 5301.41, inclusive, of the Revised Code do not give to any judgment, order, or decree an effect, by reason of the entry thereof in the county recorder's office, other than that which it would have had without such entry.

Section 5301.43 | Certified copy of record of instrument as evidence.

...A copy of the record of a deed or other instrument of writing, certified by the county recorder with his official seal affixed thereto, shall be received in all courts and places within this state, as prima-facie evidence of the existence of such instrument, and as conclusive evidence of the existence of such record.

Section 5301.44 | Certified copy of record in action to cure defects.

...When a conveyance of real estate has been executed in which there is a mistake, defect, or omission in the description of the lands, execution, acknowledgment, or otherwise, and it has been recorded in the county recorder's office of the county where the lands are or were situated at the time of such record, the record or a certified copy thereof in an action to cure or supply such defect, mistake, or omission, or to...

Section 5301.45 | Instrument executed and acknowledged upon different sheets.

...ed to convey or encumber an interest in real estate is not printed or written on a single sheet, or when the certificate of acknowledgment thereof is not printed or written on the same sheet with the instrument, and such defective conveyance is corrected by the judgment of a court, or by the voluntary act of the parties thereto, such judgment or act shall relate back so as to be operative from the time of filing the ...

Section 5301.46 | Assignment, release, or cancellation of interest made by separate instrument to contain description.

... which was created the interest in real property that is being assigned, released, or canceled. (B) In any county that maintains sectional indexes pursuant to section 317.20 of the Revised Code, each assignment, release, or cancellation of an interest in real property that is made by a separate instrument shall contain a description of the real property that is subject to the interest sufficient to enable the county...

Section 5301.47 | Marketable title definitions.

...ll or descent, title by tax deed, or by trustee's, assignee's, guardian's, executor's, administrator's, or sheriff's deed, or decree of any court, as well as warranty deed, quit claim deed, or mortgage.

Section 5301.48 | Unbroken chain of title of record.

...Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for forty years or more, has a marketable record title to such interest as defined in section 5301.47 of the Revised Code, subject to the matters stated in section 5301.49 of the Revised Code. A person has such an unbroken chain of title when the official public records disclose a conv...

Section 5301.49 | Record marketable title.

...Such record marketable title shall be subject to: (A) All interests and defects which are inherent in the muniments of which such chain of record title is formed; provided that a general reference in such muniments, or any of them, to easements, use restrictions, or other interests created prior to the root of title shall not be sufficient to preserve them, unless specific identification be made therein of a recorde...

Section 5301.50 | Interests prior to effective date of root of title.

...Subject to the matters stated in section 5301.49 of the Revised Code, such record marketable title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title. All such interests, claims, or cha...

Section 5301.51 | Preservation of interest in land.

...(A) Any person claiming an interest in land may preserve and keep effective the interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in compliance with section 5301.52 of the Revised Code. No disability or lack of knowledge of any kind on the part of anyone suspends the running ...

Section 5301.52 | Notice and filing of claim of interest in land.

...e indexed under the description of the real estate involved. The county recorder shall charge the same fees for the recording of such notices as are charged for recording deeds. (C) A notice prepared, executed, and recorded in conformity with the requirements of this section, or a certified copy of it, shall be accepted as evidence of the facts stated insofar as they affect title to the land affected by that n...

Section 5301.53 | Certain rights not barred or extinguished.

...f the following: (A) Any lessor or his successor as reversioner of his right to possession on the expiration of any lease, or any lessee or his successor of his rights in and to any lease, except as may be permitted under section 5301.56 of the Revised Code; (B) Any easement or interest in the nature of an easement created or held for any railroad or public utility purpose; (C) Any easement or interest in the nat...

Section 5301.54 | Effect of changes.

...Nothing contained in sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as provided in sections 5301.47 to 5301.56, inclusive, of the Revised Code, to affect the operation of any statutes governing the effect of the recording or the failure to record...

Section 5301.55 | Liberal construction of statutes.

...Sections 5301.47 to 5301.56, inclusive, of the Revised Code, shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in section 5301.48 of the Revised Code, subject only to such limitations as appear in section 5301.49 of the Revised Code.

Section 5301.56 | Mineral interests - vesting in surface owner.

...tion only shall be effective as to the property of the owner that filed the affidavit of abandonment under division (E) of this section. (I) For purposes of a recording under this section, a county recorder shall charge the fee established under section 317.32 of the Revised Code.

Section 5301.61 | Removal of fixtures or improvements from mortgaged realty.

...No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent.

Section 5301.63 | Solar access easement requirements.

...include: (A) A description of the real property burdened and benefited by the solar access easement; (B) A description of the limits in heights, locations, or both, of permissible development on the burdened land in terms of structures, vegetation, or both, for the purpose of providing solar access for the benefited land; (C) Any terms or conditions under which the solar access easement is granted or may be termin...

Section 5301.67 | Conservation, agricultural easement definitions.

... provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions. (B) "Agriculture" means those activities occurring on land devoted exclusively to agricultural use, as defined in section 5713.30 of the Revised Code, or on land that constitutes a homestead. (C) "Agricultural easement" means an incorporeal right or interest in land that is held for...

Section 5301.68 | Granting conservation or agricultural easement.

...and that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. All conservation easements and agricultural easements shall be executed and recorded in the same manner as other instruments conveying interests in land.

Section 5301.69 | Who may acquire conservation or agricultural easement.

...and that is valued for purposes of real property taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted.

Section 2329.84 | Goods claimed by third parties.

...ime furnish the judge a schedule of the property claimed. As soon as is practicable after the receipt of the notice and schedule, the judge shall schedule a hearing to determine the claimant's right to the property in controversy.

Section 2329.85 | Trial of right to goods and chattels.

...If at the hearing under section 2329.84 of the Revised Code the judge of the court of common pleas, municipal court, or county court finds that the right to the goods and chattels, in whole or part, is in the claimant, the judge also shall find the value of the goods and chattels. The judge shall render judgment on such finding for the claimant that the claimant recover the claimant's costs against the plaintiff in e...

Section 2329.86 | Finding of judge.

...evised Code finds that the right to the property or a part of it is in the claimant, and the plaintiff in execution within three days after the hearing tenders to the officer having the property in the officer's custody, a bond in double the amount of its value as assessed by the judge, with good and sufficient sureties, payable to the claimant, to the effect that they will pay all damages sustained by reason of the ...

Section 2329.90 | Uniform foreign country money judgments recognition act definitions.

...As used in sections 2329.90 to 2329.94 of the Revised Code: (A) "Foreign country" means a governmental unit other than the United States and other than a state, district, commonwealth, territory, or insular possession of the United States. (B) "Foreign country judgment" means any judgment of a foreign country that grants or denies the recovery of a sum of money, other than the following types of judgments: (1) A j...

Section 2329.91 | Enforcement of foreign country judgment.

...an for the purpose of protecting seized property or property threatened with seizure in the proceedings, or other than to contest the jurisdiction of the foreign court over him; (3) Prior to the commencement of the proceedings, the defendant agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) The defendant was domiciled in the foreign country when the proceedin...

Section 2329.92 | When judgment not enforceable - reciprocity.

...(A) A foreign country judgment shall not be recognized and enforced pursuant to section 2329.91 of the Revised Code if the judge determines that any of the following are true: (1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; (2) The foreign country judgment was obtained by fraud; (3) The claim for relief on which the for...

Section 2329.93 | Stay pending appeal.

...A court of this state may stay proceedings under sections 2329.90 to 2329.94 of the Revised Code to recognize and enforce a foreign country judgment if the defendant satisfies the court that an appeal is pending or that he is entitled and intends to appeal the foreign country judgment. The stay may be granted only until the appeal has been determined or until the expiration of a time period sufficient to enable the d...

Section 2329.94 | Scope and construction.

...(A) Sections 2329.90 to 2329.94 of the Revised Code do not prevent courts from recognizing judgments in situations not covered by those sections. (B) Sections 2329.90 to 2329.94 of the Revised Code shall be construed so as to effectuate the general purpose to make uniform the laws of the states that enact similar provisions.

Section 322.01 | Real property and manufactured home transfer tax definitions.

...eller at the time of the conveyance of property to a third party under a land installment contract that has been of record at least twelve months prior to the date of conveyance. (B) "Value" means, in the case of a manufactured or mobile home that is not a gift in whole or in part, the amount of the full consideration paid or to be paid for the home, including the amounts of any liens thereon. (C) "Value" mea...

Section 322.02 | Real property transfer tax.

...d collect a tax to be known as the real property transfer tax on each deed conveying real property or any interest in real property located wholly or partially within the boundaries of the county at a rate not to exceed thirty cents per hundred dollars for each one hundred dollars or fraction thereof of the value of the real property or interest in real property located within the boundaries of the county granted, as...

Section 322.021 | Repealing county permissive tax passed as an emergency.

...The question of a repeal of a county permissive tax adopted as an emergency measure pursuant to division (B) of section 322.02 of the Revised Code may be initiated by filing with the board of elections of the county not less than ninety days before the general election in any year a petition requesting that an election be held on such question. Such petition shall be signed by qualified electors residing in the count...

Section 322.03 | Allocating and disbursing tax proceeds.

...ds collected by a county levying a real property transfer tax or a manufactured home transfer tax pursuant to sections 322.01 to 322.07 of the Revised Code shall be allocated and disbursed as follows: (A) First, for payment of the costs incurred by the county in the administration and enforcement of the tax; (B) The balance remaining after payment of the expenses referred to in division (A) of this section shall be...

Section 322.04 | Instituting actions to recover taxes and penalty due.

...A county levying a real property transfer tax, by proper suit, action, or proceeding in any court of competent jurisdiction, may recover the amount of such taxes due the county and not paid to the county at the time specified in section 322.02 of the Revised Code, together with a penalty of ten per cent of the amount of such tax.

Section 322.05 | No preemption of county power to tax.

...e levy of any excise, income, property, real property, or manufactured home transfer tax or fee by the state or by any political subdivision of the state shall not be construed as preempting the power of a county to levy a real property or manufactured home transfer tax pursuant to sections 322.01 to 322.07 of the Revised Code.

Section 322.06 | Manufactured home transfer tax.

...be assessed at a rate equal to the real property transfer tax rate of the county as adopted and levied by the county pursuant to section 322.02 of the Revised Code. (C) Except as provided in division (B) of section 322.07 of the Revised Code, the manufactured home transfer tax shall be levied at a uniform rate. The tax shall be levied pursuant to a resolution adopted by the board of county commissioners of the count...

Section 322.07 | Rate for owners receiving homestead exemption.

...may prescribe a lower rate for the real property transfer tax levied under section 322.02 of the Revised Code than the uniform rate that is otherwise levied. The lower rate shall apply to any deed conveying a homestead receiving a reduction in taxes under division (A) of section 323.152 of the Revised Code. (B) A board of county commissioners that prescribes a lower real property transfer tax rate under divisio...

Section 322.99 | Penalty.

...Whoever violates section 322.02 or 322.06 of the Revised Code shall be fined not less than one hundred nor more than one thousand dollars, or imprisoned not more than six months, or both.

Section 327.01 | County board of trustees of sinking fund.

...ere shall be a board, designated as the trustees of the sinking fund, composed of the prosecuting attorney, the county auditor, and the county treasurer. The prosecuting attorney shall be the president of such board and the county auditor shall be its secretary.

Section 327.02 | Duties of board of trustees.

...The board of trustees of the sinking fund shall provide for the payment of all bonds issued by the county and the interest maturing thereon. All taxes, assessments, and other moneys collected for such purposes, or held in the county treasury to the credit of the sinking fund, shall be subject to investment and disbursement by such board. For the satisfaction of any obligation under its supervision, the board may sel...

Section 327.03 | Report by auditor to trustees semiannually.

...ty auditor shall report to the board of trustees of the sinking fund the amount in the county treasury to the credit of the sinking fund.

Section 327.04 | Investment of funds.

...The board of trustees of the sinking fund shall invest all moneys subject to its control in bonds of the United States, of this state, or of a municipal corporation, school district, township, or county of the state, and shall hold in reserve in cash only such sums as may be needed for effecting the purposes of sections 327.01 to 327.08, inclusive, of the Revised Code.

Section 327.05 | Meetings - decision of questions.

...The meetings of the board of trustees of the sinking fund shall be open to the public, and all questions relating to the purchase or sale of securities or the payment of bonds or interest shall be decided by a yea and nay vote, which vote shall be recorded on the journal of such board.

Section 327.06 | How moneys shall be drawn from and paid into treasury.

...estment or disbursement by the board of trustees of the sinking fund by the issuance of a voucher, signed by all the members of the board and directed to the county auditor, on which a warrant shall be drawn on the county treasurer, payable from the proper fund. All moneys received by such board shall be paid into the county treasury to the credit of the proper fund, on the certificate of the auditor. All securities ...

Section 327.07 | Record of proceedings and transactions.

...The board of trustees of the sinking fund shall keep a full and complete record of its transactions, a complete record of the funded debt of the county specifying the dates, purposes, amounts, numbers, maturities, and rates, and maturities of interest installments on such debt, where such installments are payable, and an account exhibiting the amount held in the sinking fund for the payment thereof.

Section 327.08 | When tax rate certified.

...onday in May of each year, the board of trustees of the sinking fund shall certify to the board of county commissioners the rate of tax necessary to provide a sinking fund for the payment, at maturity, of bonds issued by the county prior to August 17, 1921, and for the payment of interest on said bonded indebtedness. The amount so certified shall be set forth in the annual budget of the board of county commissioners,...